Heisler v. Thomas Colliery Co.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Commonwealth Edison Co. v. Montana disapproved Heisler's contrary statements and applied the modern Commerce Clause test, while expressly declining to say Heisler's result was wrong. The Constitution Annotated lists Heisler as overruled by Commonwealth Edison.
4 later cases cite Heisler v. Thomas Colliery Co.; 4 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Heisler v. Thomas Colliery Co.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
-
The Supreme Court rejected Heisler's rule that a severance tax escapes Commerce Clause review because it attaches before goods enter interstate commerce.
Commonwealth Edison Co. v. Montana · Supreme Court of the United States · filed
We therefore hold that a state severance tax is not immunized from Commerce Clause scrutiny by a claim that the tax is imposed on goods prior to their entry into the stream of interstate commerce. Any contrary statements in Heisler and its progeny are disapproved.
Read the full opinion on CourtListener →
Does this case still carry your argument?
Describe your facts. Ezel reads Heisler v. Thomas Colliery Co. and the cases that treated it, then tells you whether it still holds for your situation, with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace